GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA ACT NO. XLVIII
OF 1976.

THE MAHARASHTRA  JEEVAN  AUTHORITY
ACT, 1976.

(As modified upto the 11th June 2013)

PRINTED IN INDIA BY THE MANAGER, CENTRAL JAIL PRESS, NAGPUR AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING,  STATIONERY  AND
PUBLICATIONS MAHARASHTRA STATE, MUMBAI-400 004.

2013

[Price :--Rs. 14.00 ]

J-1069

THE MAHARASHTRA JEEVAN AUTHORITY ACT, 1976
(Mah. XLVIII of 1976)

(i)

PREAMBLE.

SECTIONS.

—————

CONTENTS

CHAPTER I.

PRELIMINARY.

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II.

ESTABLISHMENT, CONDUCT OF BUSINESS, DUTIES AND
POWERS OF THE AUTHORITY.

3. Establishment of the Authority.
4. Constitution of the Authority.
5. Disqualification for being non-official Member.
6. Term of office of Members.
6A. Temporary absence of Members.
7. Other provisions regarding Members.
8. Officers  and  servants  of  the  Authority  and  their  recruitment  and

conditions of service.

9. Authentication of orders, etc. of the Authority.
10. Assistance of Government Officers, etc.

11. Delegation of powers.
12. Disqualification  for  participation  in  proceedings  of  the  Authority  or

Committee on account of interest.

13. Acts not to be invalidated by vacancy, informality, etc.
14. Duties and functions of the Authority.
15. Powers of the Authority.
16. Powers  of  the  Authority  to  give  directions  and  to  call  for  returns,

reports,  etc.

17. Supervision and centage charges.

CHAPTER III.

VESTING OF PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS AND
TRANSFER OF EMPLOYEES.

18. Vesting and transfer of property to the Authority.
19. Decision of the State Government on the vesting of property to be final.
20. Vesting of existing water supply and sewerage services in the Authority.
21. Authority to assume obligations in respect of matters to which this Act

applies for water works taken over from local bodies.

22. Co–ordination of activities of the Authority and other local bodies.
22A. Posting and appointment of Engineers in Zilla Parishad and Maharashtra

Jeevan Authority  respectively.

J-1069—1

(ii)

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

SECTIONS.

22AA. Power  of  State  Government  to  depute  Government  employees
entrusted to Maharashtra Jeevan Authority to Zilla Parishads.
22AAA. Provision  for  voluntary  allotment  or  premature  retirement  of

23.
23A.

employees falling under section 22AA.
Transfer of certain Government employees to the Authority.
Power of State Government to depute certain Government employees
to the Authority.

CHAPTER IV.

CONTRACT, FINANCE, ACCOUNT AND AUDIT.

24. Execution  of  contracts,  etc.
25. Authority Fund.
26. Other funds of the Authority.
27. General principles for the Authority finance.
28. Grants and subventions to the Authority.
29. Loans to the Authority.
30.
31. Power to borrow and relend.
32. Depreciation reserve.
33. Government as guarantor.
34. Accounts and audit.

Initial contribution of Government to the Authority Fund.

CHAPTER V.

FEES AND CHARGES.

35. Cost of water.
36. Cost of disposal of waste water.
37. Meter rent and fees for services.
38. Deposits.
39. Recovery of sums due to the Authority.

CHAPTER VI.

WATER SUPPLY.

40. Definition of supply of water for domestic purposes.
41. Water  supply  for  domestic  purposes  not  to  be  used  for  non-domestic

purposes.

42. Licensed plumbers.
43. Prohibition of wastage of water.
44. Power to cut off water supply.
45. Prohibition of certain other acts.

CHAPTER VII.

SEWERAGE.

46. Right of owner or occupier to obtain sewer connection.
47. Power to require owner to have sewer connection.
48. Prohibition of connection with sewer without permission.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

(iii)

SECTIONS.

49. Prohibition  of  construction  of  private  street  or  building  over  sewer

without permission.

50. Power to affix shaft, etc. for ventilation of sewer or cess pool.
51. Power to examine and test sewer, etc. believed to be defective.
52. Prohibition of certain other acts.
53. Power of entry, survey, etc.
54. Power to disinfect tanks, pools and wells.

CHAPTER VIII.

PENALTIES AND PROCEDURE.

55. General penalty.
56. Cognizance of offence.
57. Offences by companies.
58. Power  to  arrest  person  committing  an  offence  and  refusing  to  give

name and address.
59. Compounding of offences.

CHAPTER IX.

EXTERNAL CONTROL.

60. Directions to the Authority on questions of policy.
61. Annual  report,  statistics,  returns  and  other  information  by  the

Authority.

CHAPTER X.

MISCELLANEOUS.

62. Duty of local bodies to assist.
63. General power to pay compensation.
64. Protection for acts done in good faith.

CHAPTER XI.

RULES, REGULATIONS AND BYE-LAWS.

65. Rules.
66. Regulations.
67. Bye-laws.

MAHARASHTRA ACT No. XLVIII OF 1976.1
[THE MAHARASHTRA JEEVAN AUTHORITY ACT, 1976]
[This Act received the assent of the President on the 1st day of November
1976; assent was first published in the Maharashtra Government Gazette,
Part IV on the 11th day of November 1976.]

Amended by Mah. 8 of 1980* (28-9-1979)†

1

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3 of 1983‡ (12-10-1982)†
18 of 1996§ (28-6-1996)†
25 of 1997§§ (10-3-1997)†
4 of 1999@ (13-11-1998)†
4 of 2002# (12-11-2001)†

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An Act to provide for establishment of a 2[Jeevan Authority]
for rapid development and proper regulation of water supply and
sewerage services in the State of Maharashtra.

WHEREAS,  it  is  expedient  to  provide  for  establishement  of  a  3[Jeevan
Authority] for rapid development and proper regulation of water supply and
sewerage  services  in  the  State  of  Maharashtra  and  for  other  matters
connected therewith; It is hereby enacted in the Twenty-seventh Year of the
Republic of India as follows :—

CHAPTER I.
PRELIMINARY.

(1) This Act may be called the Maharashtra 4[Jeevan Authority] Act,

1.
1976.

(2) It  extends  to  the  whole  of  the  State  of  Maharashtra,  excluding  the

cantonment areas.

(3) It shall come into force on such date5 as the State Government may, by
notification  in  the  Official Gazette,  appoint;  and  different  dates  may  be
appointed for different provisions of this Act; and references in any provisions
to the date of commencement of this Act shall be construed as reference to the
date of commencement of that provision.

Short  title,
extent  and
commence-
ment.

2.

In this Act, unless the context otherwise requires,—

Definitions.

(i) 6[“Authority”]  means  the  Maharashtra    7[Jeevan]  8[Authority]

established under section 3;

(ii) “bye-laws” means bye-laws made under this Act;
(iii) “cess-pool”  includes  a  settlement  tank  or  other  tank  to  receive

or dispose of foul matters from any permises;

(iv) “Chairman” means the Chairman of 8[the Authority]

1 For  Statement  of  Objects  and  Reasons, see Maharashtra Government Gazette,  1976,  Part

  V, Extra, pp.  471-495.
2 These  words  were  substituted  for  the  words  “Water  Supply  and  Sewerage  Board”  by
 Mah. 25 of 1997, s. 2.

3 These  words  were  substituted  for  the  words  “Water  Supply  and  Sewerage  Board”,

 ibid. s.  3.
4 These  words  were  substituted  for  the  words  “Water  Supply  and  Sewerage  Board”,
 ibid. s.  4.
5 Sections 1 and 2, 3 to 17, 24 to 31, 33, 34 and 60 to 67 came into force on 1st January
 1977, vide G. N., U. D. & P. H. D., No. WSB. 3676/6409/UD-22, dated 16th December
  1976.
6 This  word  was  substituted  for  the  word  “Board”,  by  Mah.  25  of  1997,  s.  5.
7 This  word  was  substituted  for  the  words  “Water  Supply  and  Sewerage”,  by  Mah.  25  of

  1997,  s.  6(a).
8 This  word  was  substituted  for  the  word  “Board”,  by  Mah.  25  of  1997,  s.  5.
* Maharashtra  Ordinance  No.  IX  of  1979  was  repealed  by  Mah.  8  of  1980,  s.  5(1).
† This  indicates  the  date  of  commencement  of  Act.
‡ Maharashtra  Ordinance  No.  XV  of  1982  was  repealed  by  Mah.  3  of  1983,  s.  6.
§ Maharashtra Ordinance No. X of 1996 was repealed by Mah. 18 of 1996, s. 6.
§§ Maharashtra Ordinance No. X of 1997 was repealed by Mah. 25 of 1997, s. 13.
@ Maharashtra Ordinance No. XIII of 1998 was repealed by Mah. 4 of 1999, s. 5.
# Maharashtra  Ordinance  No.  XXXVI  of  2001  was  repealed  by  Mah.  4  of  2002,  s.  13.

2

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

(v) “communication pipe” means any pipes or system of pipes, along with
all fittings thereto, by means of which water is supplied to any premises
from the main, and includes a connection pipe, service pipe, meter or other
fittings;

(vi) “connection pipe” means any water pipe from a ferrule to stop-cock
connecting the main of the local body or 1[the Authority], as the case may
be, with the service pipe;

(vii) “consumer”  means  any  person  getting  the  benefit  of  any  water
supply or sewerage service from the local body or  1[the Authority], as the
case may be;

(viii) “domestic sewage” means waste water from residential premises,
boarding  and  lodging  houses,  hotels,  public  places,  offices  and  all  such
establishments as are not a part of any trade or industry, and arising out of
personal and normal human activities such as drinking, bathing, ablution,
washing and cooking;

(ix) “drain” means a sewer, tunnel, pipe, ditch, gutter or channel or any
cistern, flush-tank, septic tank or other device for carrying off or treating
sewage, offensive matter, polluted water, sullage, waste water or sub-soil
water, and includes any culvert, ventilation shaft or pipe or other appliances
or  fittings  connected  with  such  drain,  and  any  ejectors,  compressed  air
mains, sealed sewage mains and special machinery or apparatus for raising,
collecting, expelling or removing sewage or offensive matter from any place;

(x) “ferrule” means a ferrule connecting the connection pipe with the main;

(xi) “local area” means the area falling within the jurisdiction of a local

body;

(xii) “local body” means a Municipal Corporation, Municipal Council,
Zilla Parishad or Village Panchayat established under any law for the time
being in force;

(xiii) “Maharashtra  Environmental  Engineering  Service”  means
the  organisation  functioning  for  this  purpose  as  a  wing  of  the  Urban
Development  and  Public  Health  Department  of  the  Government  of
Maharashtra 2[and comprising of the following categories of officers and
servants, namely :—

(1) all  Engineers  belonging  to  the  Maharashtra  Environmental

Engineering Service, Class I and Class II;

(2) all  officers  and  servants,  not  covered  under  (1)  above,  who  are
appointed exclusively on the establishment of the organisation and who
have no lien on any post in any other Department of the Government of
Maharashtra;

(3) all  officers  and  servants  belonging  to  the  technical  staff  borne
on Mechanical Engineering cadre of the Irrigation Department of the
Government of Maharashtra, who are for the time being serving in the
organisation;

(4) all  officers  and  servants  belonging  to  the  ministerial  and
non-ministerial  staff  of  the  Irrigation  Department,  who  are  for  the
time being serving in the organisation;]

1 These  words  were  substituted  for  the  words  “the  Board”,  by  Mah.  25  of  1997,  s.  5.
2 This was added by Mah. 8 of 1980, s. 2.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

3

(xvi) “main” means a pipe laid by the local body or 1[the Authority], as
the  case  may  be,  for  the  purpose  of  giving  a  general  supply  of  water  as
distinct from a supply to individual consumers, and includes any apparatus
used in connection with such a pipe;

(xv) “Member”  means  a  Member  of  2[the  Authority],  and  includes  the

3[Chairman, Co-Chairman and] 4[the Vice-Chairman] of 2[the Authority];

(xvi) “Member-Secretary”  means  the  Member-Secretary  of  2[the

Authority];

(xvii) “non-official Member” means a Member, not being an ex-officio

Member;

(xviii) “occupier”, in relation to any premises means the following :—

(a) any person for the time being paying or liable to pay rent or any

portion thereof to the owner in respect to those premises;

(b) an owner who is in occupation of those premises;

(c) a tenant of those premises who is exempt from payment of rent;

(d) a licensee who is in occupation of those premises; and

(e) any person, who is liable to pay damages to the owner in respect of

use and occupation of those premises;

(xix) “owner”,  in  relation  to  any  premises,  means  the  person  who
receives the rent of the said premises or who would be entitled to receive the
rent thereof if the premises were let, and includes—

(a) an agent or trustee who receives such rent on account of the owner;

(b) an  agent  or  trustee  who  receives  the  rent  of,  or  is  entrusted
with the management of any premises devoted to religious or charitable
purposes;

(c) a  receiver  or  manager  appointed  by  any  Court  of  competent
jurisdiction to have the charge of, or to exercise the rights of an owner of
the said premises, and

(d) a mortgagee-in-possession;

(xx) “premises” means any land or building or any part of a building;

(xxi) “prescribed” means prescribed by rules;

(xxii) “private  street”,  “public  street”  and  “street”,  in  relation  to  any
local area, shall have the meanings assigned to them in the law relating to
the local body having jurisdiction over that local area;

(xxiii) “regulations” means regulations made under this Act;

(xxiv) “rules” means rules made under this Act;

(xxv) “service  pipe”  means  any  pipe  other  than  the  connection  pipe
beyond the stop-cock by means of which water is supplied to any premises;

1 These  words  were  substituted  for  the  words  “the  Board”,  by  Mah.  25  of  1997,  s.  5.
2 These  words  were  substituted  for  the  words  “the  Board”, ibid,  s.  5.
3 These  words  were  substituted  for  the  words  “Chairman  and”,    ibid,  s.  6(b).
4 These  words  were  substituted  for  the  words  “Vice-Chairman”by  Mah.  18  of  1996,  s.  2.

4

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

(xxvi) “sewage” means night-soil and other contents of water closets, la-
trines, privies, urinals, cess-pools or drains, and polluted water from sinks,
bath rooms, stables and other like places, and includes trade effluents;

(xxvii) “sewer”  means  a  closed  conduit  for  carrying  sewage,  offensive

matter, polluted water, waste water or sub-soil water;

(xxviii) “sewerage” means a system of collection of waste water from a
community from its houses, institutions, industry and public places, the
pumping treatment and disposal of such waste water, effluent, sludge, gas
and other end products;

(xxix) “stop-cock” means a stop-cock fitted at the end of the connection
pipe away from the main for the purpose of switching off and regulating the
water supply to any premises;

(xxx) “trade effluent” means any liquid either with or without particles
of matters in suspension therein, which is wholly or in part produced or
discharged in the course of any trade or industry, including agriculture
and horticulture, but it does not include domestic sewage;

(xxxi) “water connection” includes—

(a) any tank, cistern, hydrant, stand-pipe, meter or tap, situated on
any private property and connected with a main or other pipe belonging
to the local body or 1[the Authority], as the case may be;

(b) the water pipe connecting, such a tank, cistern, hydrant, stand-

pipe, meter or tap, with such main or pipe;

(xxxii) “water supply” means a system of providing water to a community
for meeting its requirement for drinking and other domestic uses, industry,
recreation and various public uses;

(xxxiii) “water works” includes water channel (including stream, lake,
spring, river or canal, well, other underground water source, pump, galleries,
reservoir,  cistern,  tank),  duct,  whether  covered  or  open,  treatment  units
sluice,  supply  main  culvert,  engine,  water-truck,  hydrants,  stand-pipe,
conduit  and  machinery,  land,  building  or  other  things  for  supplying  or
used for supplying water or for protecting sources of water supply or for
treatment of water.

CHAPTER II.

ESTABLISHMENT, CONDUCT OF BUSINESS, DUTIES AND POWERS OF 1[THE AUTHORITY].

Establish-
ment  of
1[the
Authority].

3.

(1) As  soon  as  may  be  after  the  commencement  of  this  Act,  the
State  Government  shall,  by  notification  in  the Official Gazette, with  effect
from  a  date  to  be  specified  therein  establish  for  the  purposes  of  this  Act
2[an Authority] to be called “the Maharashtra 3[Jeeven Authority].”

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.
2 These  words  were  substituted  for  the  words  “a  Board”, ibid,  s.  5.
3 These  words  were  substituted  for  the  words  “Water  Supply  and  Sewerage  Board”,
  ibid, s. 7.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

5

(2) 1[The Authority] shall be a body corporate, having perpetual succession
and  a  common  seal,  with  powers,  subject  to  the  porvisions  of  this  Act,  to
acquire, hold or dispose of property, both moveable and immoveable, and to
contract, and may sue or be sued by its corporate name aforesaid.

 Mah.
XVIII
o f
1996.

2[4.

(1) On  and  from  the  date  of  commencement  of  the  Maharashtra
Water  Supply  and  Sewerage  Board  (Amendment)  Act,  1996  (hereinafter  in
this section referred to as “the commencement date”), in place of the existing
Members 1[the Authority] shall consist of the following Members, namely :—

Constitu-
tion  of  1[the
Authority].

(a) the Minister for Water Supply and

. . ex-officio Chairman;

Sanitation.

3[(aa) the Minister for Urban Development
(bb) the Minister for Rural Development

. . exofficio Co-Chairman;
. . exofficio Co-Chairman;]

(b) the Minister of State for Water Supply . . ex-officio Vice-Chairman;

and Sanitation.

(c) the Minister of State for Urban

. . ex-officio Vice-Chairman;

Development.

(d) six official Members, not below the rank of Secretary to Government

to be appointed by the State Government to represent,—
(i) the Water Supply and Sanitation Department,
(ii) the Urban Development Department,
(iii) the Rural Development and Water Conservation Department,
(iv) the Finance Department,
(v) the Industries, Energy and Labour Department; and
(vi) the Public Health Department;

(e) two  Members  to  be  appointed  by  the  State  Government  one  each

from amongst,—
(i) the Mayors of the Municipal Corporations and the Presidents of

the Municipal Councils; and

(ii) the Presidents of the Zilla Parishads;

(f) 4[six  Members]  to  be  appointed  by  the  State  Government  who,  in
the  opinion  of  the  State  Government,  have  special  knowledge  or
practical experience in the field of Water Supply or Sewerage; and

(g) the Member-Secretary to be appointed by the State Government.
(2) Notwithstanding anything contained in this Act, with effect from the
commencement date, all the powers, duties and functions of 1[the Authority]
shall, at any time, be exercised, performed and discharged by the Members,
who are for the time being holding offices specified in 5[clauses (a), (aa), (bb),
(b)], (c), (d) and (g) of sub-section (1), and 1[the Authority] shall be deemed to
be  validly  constituted  even  though  all  or  any  of  the  other  Members  may  or
may not have been appointed for the time being.

(3) Appointments  made,  from  time  to  time,  as  Members  under  clauses

(d), (e) and (f) of sub-section (1) shall be published in the Official Gazette.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.
2 Section  4  was  substituted  by  Mah.  18  of  1996,  s.  3.
3 These  clauses  were  inserted  by  Mah.  25  of  1997,  s.  8(a)(i).
4 These  words  were  substituted  for  the  words  “four  members”, ibid,  s.  8(a)(ii).
5 These  words,  brackets  and  letters  were  substituted  for  the  word,  brackets  and  letters

“clauses  (a),  (b)”, ibid,  s.  8(4).

J-1069—2

6

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

Disqualifi-
cation  for
being  non-
official
Member.

5. A person shall be disqualified for being appointed or continuing as a

non-official Member, if he—

(a) has been convicted of an offence involving moral turpitude;
(b) is an undischarged insolvent;
(c) is of unsound mind and stands so declared by a competent Court;
(d) holds,  except  as  provided  in  sections  6  and  7,  any  office  of  profit

under  1[the Authority];

(e) has, directly or indirectly by himself or by any partner, employer or
employee, any share or interest, whether pecuniary or of any other nature,
in any contract or employment with, by or on behalf, of 1[the Authority]; or
(f) is  a  Director,  Secretary,  Manager  or  other  officer  of  any  company,
which has any share or interest in any contract or employment with, by or
on behalf of the 1[Authority] :

Provided  that,  a  person  shall  not  be  disqualified  under  clause  (e)  or
clause (f) by reason only of his or the company of which he is a Director,
Secretary, Manager or other officer, having a share or interest in—

(i) any sale, purchase, lease or exchange of immoveable property or

any agreement for the same;

(ii) any agreement for loan of money or any security for payment of

money  only;

(iii) any newspaper in which any advertisement relating to the affairs

of 1[the Aughority] is published;

(iv) the occasional sale to 1[the Aughority] upto a value not exceeding
ten thousand rupees in any one year, of any article in which he or the
company regularly trades.

Term  of
office  of
Members.

2[6.

(1) A  person  appointed  as  Member  under  3[clause  (e)  or  (f)]  of
sub-section (1) of section 4 shall hold office for three years from the date of
his  appointment,unless  his  term  of  office  is  determined  earlier  by  the
State Government, by notification in the Official Gazette.

4*
(3) The  Member-Secretary  shall  hold  office  for  such  period  as  the  State

*

*

*

*

*

Temporary
absence  of
Members.

Government may by order specify.

(4) The Members shall be eligible for re-appointment.
(5) Any  Member  may  at  any  time  resign  his  office  by  writing  under  his
hand  addressed  to  the  State  Government  and,  on  such  resignation  being
accepted, he shall be deemed to have vacated his office.

5[6A.

6[(1) In  the  absence  of  the  Chairman,  the  Minister  for  Urban
Development  being  the  Co-Chairman,  and  in  the  absence  of  the  both,  the
Minister  for  Rural  Development,  being  the  other  Co-Chairman,  and  in  the
absence  of  all  the  said  three,  the  Minister  of  State  for  Water  Supply  and
Sanitation, being the Vice-Chairman, and in his absence, the Minister of State
for Urban Development, being the other Vice-Chairman, shall be competent to
carry out the duties and functions of the Chairman.]

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.
2 Sections 6 and 6A were substituted for the original by Mah. 3 of 1983, s. 4.
3 These  words,  brackets  and  letters  were  substituted  for  the  words,  brackets  and  letters

“under  clause  (c),  (d)  or  (f)” by  Mah.  18  of  1996,  s.  4(a).

4 Sub-section  (2)  was  deleted,  ibid,  s.  4(b).
5 Section  6A  was  substituted, ibid,  s.  5.
6 Sub-section  (1)  was  substituted  by  Mah.  25  of  1997,  s.  9.

Other
provisions
regarding
Members.

Officers
and
servants  of
1[the
Authority]
and  their
recruitment
and
conditions
of  service.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

7

(2) If any member, other than an ex-officio Member of 1[the Authority] is,
by reason of illness or otherwise, rendered temporarily incapable of carrying
out his duties or is granted leave of absence by the State Government, or is
otherwise unable to attend to his duties, in the circumstances not involving
the cessation of his membership, the State Government may appoint another
person to act for him as the Member to carry out his duties and functions as
are allotted by or under this Act. Such person shall vacate office on the date
when the Member resumes his duties.

7.

(1) The  2*

*Member-Secretary  shall  be  paid  from
1[the  Authority]  fund  such  salary  and  allowances  as  may  be  fixed  by  the
State Government.

*

(2)  The other members of 1[the Authority] shall be paid such allowances

as may be fixed by the State Government.

3*
8.

*

*

*

*

*

(1) 1[The  Authority]  may  appoint  such  officers  and  servants  as  it
considers necessary for the efficient performance of its duties and discharge of
its  functions  against  posts  sanctioned  by  the  State  Government. The
recruitment  and  the  conditions  of  service  of  the  officers  and  servants  of
1[the Authority] shall be determined by regulations.

4[(1A)(i) Subject  to  the  provisions  of  sub-section  (1),  no  person  shall  be
appointed to the post of Engineer, Grade-I and II, except after consultation
with the Maharashtra Public Service Commission constituted for the State of
Maharashtra under the Constitution of India (hereinafter referred to as “the
Commission”);

(ii) The State Government shall, after consultation with the Authority and

the Commission, make rules prescribing,—

(a) the procedure to be followed by the Commission in advertising the
post,  calling  for  applications,  secrutinising  the  same  and  selecting  the
condidates for interview;

(b) the procedure for enabling the officer or officers of the Authority to

attend the interview to advise the Commission;

(c) the procedure to be followed in case there is a difference of opinion

between the Authority and the Commission;

(d) the fees and other costs to be paid to the Commission by the Authority

for consultation and other incidental matters;

(e) any other matter which is necessary or incidental for the purpose of

consultation with the Commission.
(1B) all the fees paid to the Commission under this section shall be credited

to  the  State  Government.]

(2) 1[The  Authority]  may,  with  the  previous  approval  of  the  appropriate
Government,  appoint  a  servant  of  the  Central  Government  or  the  State
Government as an employee of 1[the Authority] on such terms and conditions
as it thinks fit.

(3) Subject  to  the  superintendence  of  1[the  Authority],  the  Member-
Secretary  shall  be  the  Chief  Executive  officer  of  1[the  Authority]. He  shall
supervise and control all its officers and servants including any officers of
Government appointed on deputation to 1[the Authority].

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.
2 The words “Chairman and the” were deleted by Mah. 3 of 1983, s. 5(a).
3 Sub-section  (3)  was  deleted,  ibid.,  s.  5(b).
4 This  sub-section  was  inserted  by  Mah.  25  of  1997,  s.  10.

8

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

Authentica-
tion  of
orders  etc.
of  1[the
Authority]

9. All  proceedings  of  1[the  Authority]  shall  be  authenticated  by  the
signature of the Chairman or of any Member authorised by the Chairman and
all other orders and instruments of 1[the Authority] shall be authenticated by
the  signature  of  the  Member-Secretary  or  of  any  other  officer  of  1[the
Authority] as may be authorised in this behalf by regulations.

Assistance
of  Govern-
ment
Officers,  etc.

10.

1[The Authority] may invite any officer of Government or local body
or other person to attend its meeting for the purpose of assisting or advising it
on any matter. The person so invited may take part in the proceedings of
1[the Authority], but shall have no right to vote.

Delegation
of  powers.

Disqualifi-
cation  for
participa-
tion  in
proceedings
of  1[the
Authority]
or
Committee
on  account
of  interest.

Acts  not  to
be invali-
dated  by
vacancy,
informality,
etc.

11. Subject to the provisions of this Act, 1[the Authority] may, by general
or  special  order,  delegate,  either  unconditionally  or  subject  to  such
conditions, including the condition of review by itself, as may be specified in
the  order,  to  any  committee  appointed  by  it  or  to  the  Chairman  or  the
Member-Secretary or any other officer of 1[the Authority] such of its powers,
duties and functions under this Act as it deems fit, not being its powers, duties
and functions under sections 34, 66 and 67.

12.

(1) Any  Member  of  1[the  Authority]  or  of  a  committee  appointed  by

1[the  Authority],  who—

(a) has  any  share  or  interest  of  the  nature,  described  in  clause  (e)  or

clause (f) of section 5 in respect of any matter, or

(b) has acted professionally, in relation to any matter on behalf of any

person having therein any such share or interest as aforesaid,

shall not, notwithstanding anything contained in the proviso to section
5, vote or take part in any proceedings (including any discussion on any
resolution or question) of 1[the Authority] or committee thereof relating to
such matter.

(2) If any Member of 1[the Authority] or of a committee appointed by 1[the
Authority] has directly or indirectly any interest in any area in which it is
proposed to acquire land for any of the purposes of this Act, he shall not take
part  in  any  meeting  of  1[the  Authority]  or  committee  thereof  in  which  any
matter relating to such land is considered.

(3) Nothing  in  sub-section  (1)  or  (2)  shall  prevent  any  Member  of
1[the Authority] or a committee thereof from voting on , or taking part in the
discussion of, any resolution or question relating to any subject other than a
subject referred to in these sub-sections.

13. No act done or proceedings taken under this Act by  1[the Authority]
or a committee appointed by  1[the Authority] shall be invalidated merely on
the ground of—

(a) any  vacancy  of  a  Member  or  any  defect  in  the  constitution  or

reconstitution of  1[the Authority] or a committee thereof; or

(b) any  defect  or  irregularity  in  the  appointment  of  a  person  as  a

Member of  1[the Authority] or of a committee thereof; or

(c) any defect or irregularity in such act or proceedings, not affecting

the  substance.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

Duties  and
functions  of
1[the
Authority].

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

9

14. The  duties  and  functions  of  1[the  Authority]  shall  be  as  follows,

namely :—

(a) to prepare, execute, promote and finance the schemes for supply of

water and for sewerage and sewerage disposal;

(b) to  render  all  necessary  services  in  regard  to  water  supply  and
sewerage to the State Government and local bodies and on request to pri-
vate institutions or individuals also;

(c) to prepare draft State Plans for water supply, sewerage and drainage

on the directions of the State Government;

(d) to review and advise on the tariff, taxes, fees, and charges of water
supply and sewerage systems, in the areas of 1[the Authority] and the local
bodies which have entered into an agreement with 1[the Authority];

(e) to  assess  the  requirements  of  materials  and  arrange  for  their

procurement and utilisation;

(f) to establish State standards for water supply and sewerage services;

(g) to  review  annually  the  technical,  financial,  economic  and  other
aspects  of  water  supply  and  sewerage  system  of  every  scheme  of  1[the
Authority] or the local bodies which have entered into an agreement with
1[the  Authority];

(h) to  establish  and  maintain  a  facility  to  review  and  apprise  the
technical, financial, economic and other pertinent aspects of every water
supply and sewerage scheme in the State;

(i) to operate, run and maintain any water works and sewerage system,
if  and  when  directed  by  the  State  Government,  on  such  terms  and
conditions and for such period as may be specified by the State Govenment;

(j) to assess the requirements for man-power and training in relation to

water supply and sewerage services in the State;

(k) to carry out applied research for efficient discharge of the duties and

functions of  1[the  Authority];

(l) to  perform  such  of  the  duties  and  functions,  which  are  being
performed by the Maharashtra Environmental Engineering Service, as may
be specified, from time to time, by the State Government;

(m) to  perform  and  discharge  such  other  duties  and  functions  as  are
allotted to 1[the Authority] under other provisions of this Act or as may be
entrusted to it by the State Government.

15.

(1) 1[The  Authority]  shall,  subject  to  the  other  provisions  of  this
Act,  have  power  to  do  anything  which  may  be  necessary  or  expendient  for
performing its duties and discharging its functions under this Act.

Powers  of
1[the
Authority].

(2) Without  prejudice  to  the  generality  of  the  foregoing  provisions,  such

powers shall include the power—

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

10

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

(a) to  inspect  all  water  supply  and  sewerage  facilities  in  the  State  by

whomsoever they are operated;

(b) to obtain such periodic or specific information from any local body

and operating agency as 1[the Authority] may deem necessary;

(c) to provide training for its own personnel as well as for employees of

the local bodies;

(d) to prepare and carry out schemes for water supply and sewerage;

(e) to lay down the schedule of fees and other charges for all kinds of
services rendered by 1[the Authority] to the State Government, local bodies,
institutions or individuals;

(f) to  enter  into  contract  or  agreement  with  any  person  or  persons
as  1[the  Authority]  may  deem  necessary,  for  performing  its  duties  and
discharging its functions under this Act;

(g) to adopt its own budget annually;

(h) to approve tariffs for water supply and sewerage services applicable
to  respective  local  areas  comprised  within  the  jurisdiction  of  1[the
Authority] and such local bodies as have entered into an agreement with
1[the  Authority];

(i) to  manage  all  its  affairs  so  as  to  provide  the  people  of  the  area
within its jurisdiction with wholesome water and, where feasible, efficient
sewerage services;

(j) to  take  such  other  measures  as  may  be  necessary,  to  ensure  water

supply in times of any emergency;

(k) to acquire, possess and hold lands and other property and to carry
any  water  or  sewerage  works  through,  across,  over  or  under  any
highways, roads, streets, or place and, after reasonable notice in writing to
the owner or occupier into, through over or under any building or land;

(l) to abstract water from any natural source and dispose of waste water;

(m) to raise, borrow or secure money on such terms and conditions as
may be expedient, and in particular by way of loans and advances, deposits
and issue of debentures and obtain subventions or mortgages from public
institutions like the Life Insurance Corporation of India, banks and any
international organisations or from the State and Central Governments,
for drinking water supply and sewerage schemes or any other schemes for
improvement of sanitation;

(n) to receive grants from the State Government, the Central Government
and the local bodies for water supply and sewerage or any other sanitation
imporvement schemes;

(o) to repay instalments of loans and pay interest on the principal thereof

to the lenders as per mutually agreed terms and conditions;

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

11

(p) to  advance  loans  to  the  local  bodies  or  Govenment  for  their  water
supply  and  sewerage  schemes  on  such  terms  and  conditions  as  may  be
specified by  1[the Authority];

(q) to  recover  from  the  local  bodies  or  Government  principal  and
interest thereon in respect of loans advanced to them by  1[the Authority];

(r) to  incur  such  expenditure  as  1[the  Authority]  may  deem  necessary

for performing its duties and functions under this Act;

(s) to  exercise  such  other  powers  as  are  conferred  on  1[the  Authority]

under other provisions of this Act.

16.

(1) Notwithstanding anything contained in any other law for the time
being  in  force,  1[the  Authority]  may  give  such  directions  to  any  local  body,
with regard to the implementation of any water supply or sewerage scheme
financed by it under clause (a) of section 14, as it thinks fit, and such body
shall be bound to comply with such directions.

(2) In  case  any  local  body  is  aggrieved  by  any  such  directions  or
experiences any difficulty in complying with the same, it shall refer the matter
to the State Government whose decision thereon shall be final.

(3) 1[The Authority] shall have power to call for any return, statement of
accounts, report, statistics or other information from any local body or other
body or individual, which is required by it for the exercise of its powers and
performance and discharge of its duties and functions under this Act, and
such body or individual shall be bound to furnish such information.

Powers  of
1[the
Authority]
to  give
directions
and to call
for  returns,
reports,  etc.

17.

1[The Authority] may include in the cost of any scheme or work the
execution  or  further  execution  whereof  is  undertaken  under  clause  (a)  of
section 14, supervision and centage charges at such rate, not exceeding such
limit as may be prescribed, as it may determine under clause (e) of sub-section
(2) of section 15.

Supervision
and  centage
charges.

CHAPTER III.

VESTING OF PROPERTY, ASSETS, LIABILITIES  AND
OBLIGATIONS AND TRANSFER OF EMPLOYEES.

Vesting  and
transfer  of
property  to
1[the
Authority].

18.

(1) From such different dates as may be specified, from time to time,
by  the  State  Government  (hereinafter  in  this  section  referred  to  as  “the
appointed date”),—

(a) the  properties  and  assets  (including  water  works,  buildings,
laboratories, stores, vehicles, furnitures and other furnishing), specified in
that behalf, which immediately before the appointed date, were vested in
the State Government for the purposes of the Maharashtra Environmental
Engineering Service, shall vest in and stand transferred to 1[the Authority];
and

(b) the rights, liabilities and obligations of the State Government, whether
arising out of any contract or otherwise pertaining to the said service, shall
be the rights, liablilities and obligations of 1[the Authority].

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

12

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

Decision  of
the  State
Govern-
ment  on  the
vesting  of
property  to
be  final.

Vesting  of
existing
water
supply  and
sewerage
services  in
1[the
Authority]  .

(2) such properties, assets, rights, liabilities and obligations shall valued

in such manner as the State Government may determine.

(3) All  suits  and  other  legal  proceedings  with  respect  to  the  matters
referred to above instituted or to be instituted or defended by or against the
State Government before the appointed date may be continued, or instituted,
or defended by or against 1[the Authority].

19. Where  any  doubt  or  dispute  arises  as  to  whether  any  property  or
asset has vested in 1[the Authority] under section 18 or any rights, liabilities
or  obligations  have  become  the  rights,  liabilities  and  obligations  of  1[the
Authority] under that section, such doubt or dispute shall be referred to the
State Government, whose decision shall be final.

20.

(1) Notwithstanding anything contained in any law for the time being
in force, 1[the Authority] may, at any time, with the previous approval of the
State  Government  take  over  any  water  supply  and  sewerage  services
for maintenance or augmentation or improvement from any local body, and in
such cases—

(a) all the existing water supply and sewerage services, swerage works
and sewage farms, including, as the case may be, all plants, machineries,
water works, pumping stations, filter beds, water mains and public sewers
in, along, over or under any public street and all buildings, lands and other
works, materials, stores and things appertaining thereto, belonging to or
vested in that local body;

(b) so much of the sub-soil appertaining to the said water mains and
sewers  as  may  be  necessary  for  the  purpose  of  enlarging,  deepening  or
otherwise repairing or maintaining, any such water mains and sewers or
any  pipes  and  other  appliances  and  fittings  connected  with  such  water
supply and sewerage services and sewage works and sewage farms; and

(c) all rights, liabilities and obligations of such local body relating to the
things  mentioned  in  clauses  (a)  and  (b)  including  the  right  to  recover
arrears of water tax and sewerage tax, by whatever name called, and of any
cost or fees or charges relating to water supply and sewerage services and
also including liabilities arising from any loans advanced by Government
or any other persons to the said local body for the things aforesaid, other
than loans diverted to or utilised for purposes other than those referred to
in clauses (a) and (b),

shall, on such date as may be specified by 1[the Authority], stand transferred
to and vested in 1[the Authority] and be subject to its control.

(2) Such  properties,  assets,  rights,  liabilities  and  obligations  shall  be

valued in such manner as the State Government may determine.

(3) Where  any  doubt  or  dispute  arises  as  to  whether  any  property  or
assets  has  vested  in  1[the  Authority]  under  sub-section  (1)  or  any  rights,
liabilities or obligations have become the rights, liabilities or obligations of
1[the Authority] under this section, such doubt and dispute shall be referred
to  the  State  Government,  whose  decision  shall  be  final  and  binding  on
1[the Authority] and the local body concerned.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

13

(4) For  taking  over  any  properties  or  assests  of  the  local  body,  1[the
Authority] shall pay to that body such amount as may be mutually agreed upon.
In the absence of any such agreement, the State Govenment shall determine
the amount to be paid to the local body on the basis of the valuation made
under sub-section (2) and after taking into consideration the statutory duty of
the  local  body  to  provide  water  supply  and  sewerage  services,  the  grants
received by the local body, from time to time, the outstanding loan liabilities of
the  local  body,  and  such  other  relevant  factors. The  decision  of  the  State
Government shall be final and binding on both parties.

21.

In  respect  of  water  works  taken  over  from  a  local  body  by  1[the
Authority], all debts and obligations incurred, all contracts entered into, all
matters and things engaged to be done by, with or for any local body prior to
taking  over  the  works  by    1[the  Authority]  shall  be  deemed  to  have  been
incurred, entered into or engaged to be done by, with or for  1[the Authority];
and  all  suits  or  other  legal  proceedings  instituted  or  which  might,  but  for
transfer and vesting under sub-section (1) of section 20, have been instituted
or defended by or against the local body, may be continued or instituted or
defended by or against  1[the Authority].

2[Authority]
to  assume
obligations
in  respect  of
matters  to
which  this
Act  applies
for  water
works  taken
over  from
local bodies.

22.

If the State Government is of opinion that it is in the public interest
that  1[the Authority] and other local bodies having jurisdiction over contiguous
areas should co-ordinate their activities in relation to water supply services or
a sewerage services or both, it may issue such directions to   1[the Authority]
and the other local bodies concerned as it may think fit.
It shall be the duty
of  1[the Authority] and other local bodies to comly with such directions.

Co-
ordination
of  activities
of  1[the
Authority]
and  other
local bodies.

Mah.
V  of
1962.

3[22A.

(1) On the directions issued by the State Government, the Authority
shall post, from time to time, to work under the Zilla Parishads constituted
under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, such
number of Deputy Engineers, (Grade-II) and Executive Engineers (Grade-I),
from its cadre of Engineers, having due regard to exigencies of services in the
Zilla Parishads for such period and on such terms and conditions as may be
decided by the Authority and the concerned Zilla Parishads :

Posting  and
appoint-
ment  of
Engineers
in Zilla
Parishad,
and
Maharashtra
Jeevan
Authority,
respectively.

Provided  that  the  terms  and  conditions  of  service  of  such  persons  shall
not  be  less  advantageous  than  those  applicable  to  them  immediately  before
such posting.

(2) The  Authority  shall  make  a  provision  in  consulation  with  the  State
Government, in its recruitment rules for the post of Engineers (Grade-II), so
as to make eligible for appointment, on the establishment of the Authority the
employees of the District Technical Services (Class-III), specified in the said
rules, and the State Government shall prepare a select list of the employees of
the District Technical Services (Class-III), for appointment of such employees
to the post of Engineer (Grade-II), in the Authority.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.
2 This  word  was  substituted  for  the  word  “Board”, ibid.,  s.  5.
3 This section was inserted by Mah. 4 of 1999, s. 4.

J-1069—3

14

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

(3) Where under the recruitment rules for the Engineer (Grade-II), of the
Authority, the employees of the District Technical Services (Class-III), specified
therein,  are  made  eligible  for  appointment  in  such  Engineer  (Grade-II),
Service,  the  Authority  or  an  Officer  authorised  by  it  in  that  behalf,  in
consultation  with  the  State  Government  and  the  employee  concerned,  and
having due regard to the exigencies of service in the Authority and also in the
Zilla Parishads by order in writing appoint, from time to time, such employees
in the authority from the select list, prepared of the employees of the District
Technical Services (Class-III) not earlier than one year from the date of such
appointment, by the State Government.

(4) The  employees  from  the  District  Technical  Services  (Class-III),
appointed in Engineer (Grade-II), Service of the Authority shall be the officers
of the Authority and shall be governed by the conditions of service made by
the Authority for the said posts :

Provided  that  any  service  rendered  by  any  such  employee  under  the
concerned Zilla Parishads shall be deemed to be the service rendered under
the  Authority.

(5) It shall be the duty of the Authority and the Zilla Parishads to comply

with the directions issued by the State Government in this behalf.]

Power  of
State
Government
to  depute
Government
Employees
entrusted  to
Maharashtra
Jeevan
Authority  to
Zilla
Parishads.

1[22AA. Where on transfer or entrustment of powers and functions of the
Authority to the Zilla Parishads or Panchayat Samitis, by or under this Act,
any posts in a cadre of Class III or Class IV service of the Authority, have been
or  are  rendered  surplus  to  the  requirements  of  the  Authority,  the  State
Government may, having due regard to the increase of work and exigencies of
the services in the Zilla Parishads, direct the Authority to depute, from time
to time, persons holding posts in such cadres, to the Zilla Parishads for such
a period and on such terms and conditions, as may be decided by the State
Government in consultation with the Authority, and the Zilla Parishads shall
take them on deputation :

Provisions
for
voluntary
allotment  or
premature
retirement
of employees
falling under
section 22AA.

Provided  that,  no  person  so  deputed  shall  be  entitled  to  any  deputation
allowance or to be repatriated to service under the Authority during his deputation :

Provided further that, the terms and conditions of service of such persons
shall  not  be  less  advantageous  than  those  applicable  to  them  immediately
before such deputation.

22AAA.

If  any  posts,  in  a  cadre  of  Class  III  or  Class  IV  service  of  the
Authority  have  been  or  are  rendered  surplus  to  the  requirements  of  the
Authority  and  are,  therefore,  required  to  be  abolished,  then  the  State
Government may, by general or special order, direct the Authority to give an
option  to  the  concerned  employees  to  assent  to  be  finally  allotted  to  the
Zilla Parishads or permit them to retire perematurely from the service of the
Authority  from  such  date  as  may  be  specified  in  the  order,  by  the  State
Government. The position in this behalf shall be conveyed by the Authority
to the State Government and the State Government may, by an order in the
Official Gazette, allot such surplus staff to each of the Zilla Parishads with
due regard to the exigencies of services; and such Zilla Parishad shall take
them over from the said date :

Provided that, no person so taken over shall be entitled to be repatriated to

service under the Authority :

1 These  sections  were  inserted  by  Mah.  4  of  2002,  s.  11.

Transfer  of
1[certain]
Government
employees  to
2[the
Authority].

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

15

Provided  further  that,  such  employee  who  opt  for  retirement,  shall  be
entitled to such terminal benefits as pension or gratuity as applicable to him
(but not compensation), which terminal benefits shall not be less favourable
than the benefits he would have been entitled to had his services ceased under
the Authority on the date specified in the order.]

23.

(1) On  an  after  the  establishment  of  2[the  Authority],  the  State
Government  may,  from  time  to  time,  direct  that  the  services  of  such  of  the
existing officers and servants of the State Government in the Maharashtra
Environmental Engineering Service 3[who belong to the categories of officers
and servants referred to in entries (1) and (2) in clause (xiii) of section 2 and]
who  in  its  opinion,  are  rendered  surplus  to  its  requirements,  shall  stand
terminated and their posts shall stand abolished, from such date as may be
specified by it (hereinafter in this section referred to as “the appointed date”)
and  shall  on  that  date  (which  may  be  different  for  different  officers  and
servants) become the officers or servants of  2[the Authority].

(2) Every permanent or temporary employee of the Maharashtra Environ-
mental Engineering Service in respect of whom a direction is issued under
sub-section  (1)  shall,  on  and  from  the  appointed  date,  be  a  permanent  or
temporary employee of 2[the Authority], as the case may be against a permanent
or  temporary  post,  which  shall  stand  created  in  the  establishment  of
2[the Authority] with effect from the appointed date.

(3) Any officer or servant so transferred shall hold his office under 2[the
Authority] by the same tenure, at the same remuneration and upon the same
other  conditions  of  service  and  with  the  same  rights  and  privileges  as  to
pension, gratuity, provident fund and other matters as he would have held on
the appointed date if this Act had not come into force. Any service rendered
by him under the State Government shall be deemed to be service rendered
under  2[the  Authority]. He  shall  continue  to  serve  under  2[the  Authority]
until his employment under 2[the Authority] is duly terminated or his remu-
neration  or  other  conditions  of  service  are  duly  revised  or  altered  by
2[the Authority] in pursuance of the law which for the time being governs his
conditions of service :

Provided that, the conditions of service applicable immediately before the
appointed date to the case of any such Officer or servant shall not be varied to
his disadvantage, except with the previous approval of the State Government.

(4) The  sums  standing  to  the  credit  of  the  employees  referred  to  in
sub-section (1) in any pension,  provident fund, gratuity or other like funds
constituted  for  them  shall  be  transferred  by  the  State  Government  to  2[the
Authority] along with any accumulated interest due till the appointed date
and with the accounts relating to such funds. On and after the appointed
date 2[the Authority] shall, to the exclusion of the State Government, be liable
for payment of pension, provident fund, gratuity or other like sums as may be
payable  to  such  employees  at  the  appropriate  time  in  accordance  with  the
conditions of their service.

1 The  word  “certain”  was  inserted  by  Mah.  8  of  1980,  s.  3(b).
2 These  words  were  substituted  for  the  word  “Board”  by  Mah.  25  of  1997,  s.  5.
3 This  portion  was  inserted  by  Mah.  8  of  1980,  s.  3(a).

16

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

(5) Notwithstanding  anything  contained  in  the  Industrial  Disputes  Act,
1947, or in any other law for the time being in force, the transfer of services of
any  employee  to  1[the  Authority]  under  sub-section  (1)  shall  not  entitle  any
such employee to any compensation under that Act or such other law and no
such claim shall be entertained by any Court, tribunal or authority.

XIV
o f
1947.

(6) Nothing contained in sub-section (1) shall apply to any employee who
by notice in writing given to the State Government within two months from
the appointed date or such extended time as the State Government may, by
general or special order, specify, intimates his intention of not becoming or
continuing as an employee of 1[the Authority]. Where such notice is received
from any employee—

(a) in case of a permanent employee, he shall be allowed to retire giving
him  the  benefit  of  pension,  gratuity,  provident  fund  and  other  benefits
accrued to him had he retired from the Government service on the appointed
date;

(b) in case of a temporary employee, his services shall stand terminated
after giving him notice or remuneration in lieu of notice as per the exsting
service rules of the State Government.

(7) Notwithstanding anything contained in the foregoing sub-sections—

(a) no person employed in the Maharashtra Environmental Engineering
Service against whom any disciplinary proceeding is pending or to whom
any notice or order of termination of his services or compulsory retirement
has  been  issued  before  the  date  of  commencement  of  this  Act  shall  be
transferred to 1[the Authority], and such person may be dealt with after the
said date in such manner and by such authority as the State Government
may by general or special order specify in this behalf;

(b) if  the  services  of  any  employee  of  the  State  Government  stand
transferred  under  sub-section  (1)  to  1[the  Authority]  shall  be  competent
after such transfer to take such disciplinary or other action as it thinks fit
against or in respect of such employee having ragard to any act or omission
or conduct or record of such employee which he was in service of the State
Government.

Power  of
State
Government
to  depute
certain
Government
employees  to
1[the
Authority].

2[23A.

(1) Where  on  account  of  conferment  of  any  powers,  duties  and
functions on 1[the Authority] by or under this Act, in the opinion of the State
Government,  any  posts  in  the  Maharashtra  Environmental  Engineering
Service  of  any  officers  and  servants  belonging  to  categories  referred  to  in
entries (3) and (4) in clause (xiii) of section 2, have been rendered or are likely
to be rendered surplus wholly or partially, to the requirements of the State
Government  or  where  the  services  of  any  such  officers  and  servants  are
required by 1[the Authority] for efficient exercise of its powers, performance of
its duties or discharge of its functions, the State Government, the Head of the
Department of the State Government or any officer authorised by the State
Government in this behalf may, from time to time, having regard to the necessity

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.
2 Section 23A was inserted by Mah. 8 of 1980, s. 4.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

17

therefor, by order depute such officers and servants to  1[the Authority] and
1[the Authority] shall take them over and employ them on deputation, subject
to the provisions of this section.

(2) The period of deputation of any such employee to 1[the Authority] shall
be two years from the date he is taken over by 1[the Authority] (hereinafter in
this section referred to as “the appointed date”), except when, with the consent
of 1[the Authority] and the State Government, he elects to remain on deputation
for a longer period not exceeding five years in the aggregate, or except when
he is recalled to Government service at any time by the State Government in
consultation  with  1[the  Authority]. After  the  expiry  of  the  period  of
deputation, he shall stand repatriated to service under the State Government.

(3) Any  employee  so  deputed  shall  have  an  option,  which  shall  be
exercised by him within a period of one year from the appointed date by giving
a notice in writing to the State Government, requesting the State Government
to permit him to revert to Government service after the expiry of the period of
two years of deputation or to permit him to be absorbed in the service of the
1[the  Authority].
If  1[the  Authority]  agrees  to  absorb  him  in  its  service  on
the same terms and conditions as are laid down in section 23, he shall become
an employee of 1[the Authority] from the date specified by it and the provisions
of section 23 shall, mutatis mutandis, apply to him as if he were transferred to
1[the Authority] under that section.
If any employee fails to give notice as
aforesaid in time, he shall be deemed to have opted to revert to Government
service after the expiry of the period of two years of deputation.

(4)

If during the period of the first two years of compulsory deputation,
employee  concerned  is  entitled  to  promotion  in  his  parent  Department,  he
shall at his request in writing be permitted to revert to his parent Department
or to get proforma promotion if he continues on deputation with 1[the Author-
ity].

(5) No employee on deputation to 1[the Authority] shall be entitled to any

deputation allowance.

(6) The  salaries  and  allowances  of  employees  on  deputation  to  1[the

Authority] shall be paid from 1[the Authority] Fund.

(7) Save as otherwise provided in this section, the terms and conditions
of  services  of  employees  on  deputation  to  1[the  Authority]  shall  not  be  less
advantageous than those applicable to them immediately before deputation
and shall not be varied to their disadvantages except with the previous sanction
of the Sate Government].

CHAPTER IV.

CONTRACT, FINANCE, ACCOUNTS AND AUDIT.

24. Every contract or assurance of property on behalf of 1[the Authority]
shall  be  in  writing  and  executed  by  such  authority  or  officer  and  in  such
manner as may be provided by regulations.

Execution
of  contracts,
etc.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

18

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

2[Authority]
Fund.

25.

1[The Authority] shall have its own fund to be called “the 2[Authority]
Loan  Fund”,  which  shall  also  be  deemed  to  be  a  local  fund  and  to  which
shall be credited all moneys received by or on behalf of 1[the Authority] by way
of loans.

Other  funds
of  1[the
Authority].

26.

(1) 1[The  Authority]  shall  also  have  another  fund  to  be  called
“the Loan Fund”, which shall also be deemed to be a local fund and to which
shall be credited all moneys received by or on behalf of 1[the Authority] by way
of loans.

(2) Without prejudice to the provisions of section 25 or sub-section (1) of
this  section,  1[the  Authority]  may,  with  the  previous  approval  of  the  State
Government constitute such other funds as may be necessary for the efficient
performance of duties and discharge of its functions under this Act.

27.

(1) 1[The Authority] shall not, as for as practicable, and after taking
credit for any grant or subvention from the State Government under section
58, carry on its operation under this Act at a loss.

28. The  State  Government  may,  under  appropriation  duly  made  in
this behalf, from time to time, make grants and subventions to 1[the Authority]
for  the  purposes  of  this  Act,  on  such  terms  and  conditions  as  the  State
Government may determine.

General
principles
for  1[the
Authority]
finance.

Grants  and
subventions
to  1[the
Authority].

Loans  to
1[the
Authority].

29. The  State  Government,  from  time  to  time,  advance  loans  to  1[the
Authority] on such terms and conditions,not inconsistent with the provisions
of this Act, as the State Government and 1[the Authority] may agree upon.

Initial
contribu-
tion  of
Govern-
ment  to
1[the
Authority]
Fund.
Powers  to
borrow  and
relend.

30. Under appropriation duly made in this behalf, the State Government
may make an initial contibution to 1[the Authority] Fund of rupees one crore
or such lesser sum as it thinks fit.

31.

(1) 1[The Authority] may, from time to time, with the previous sanction
of  the  State  Government  and  subject  to  the  provisions  of  this  Act  and  to
such  conditions  as  the  State  Government  may,  by  general  or  special  order,
impose, borrow any moneys required for the purposes of this Act by making
arrangements  with  the  Banks  or  other  bodies  or  institutions  by  the  State
Government for this purpose.

(2) 1[The  Authority]  may  advance  any  part  of  such  borrowings  to  any
local  body  for  the  performance  of  its  duties  and  discharge  of  its  functions
relating to water supply and sewerage services on such terms and conditions
as 1[the Authority] may determine.

Deprecia-
tion  reserve.

32.

1[The Authority] shall create a depreciation reserve and make annual

provision therefor in accordance with such principles as may be prescribed.

Government
as
guarantor.

33. The  State  Government  may  guarantee  the  repayment  of  any  loan
and  payment  of  interest  on  all  or  any  of  the  loans  given  or  transferred  to
1[the Authority] for the purposes of this Act.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.
2 This  word  was  substituted  for  the  word  “Board” ibid,  s.  5.

Accounts
and audit.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

19

34.

(1) 1[The Authority] shall, before the commencement of, and may at
any  time  during  a  financial  year,  prepare  a  statement  or  a  supplementary
statement, as the case may be, of the programme of its activities during that
year as well as a financial estimate in respect thereof and the same shall be
submitted  to  the  State  Government  in  such  form  and  by  such  dates  as  the
State Government may, by general or special order, direct, for the previous
approval of the State Government :

Provided  that,  in  the  event  of  such  previous  approval  not  being  received
before  the  commencement  of  the  financial  year  for  which  such  financial
statement has been submitted, 1[the Authority] shall be entitled to expend on
all  accounts  upto  an  amount  not  exceeding  the  amount  approved  for  the
corresponding period of the previous financial year and such amount shall
not  include  any  sum  spent  out  of  the  grants  and  subventions  during  the
said period.

(2) 1[The  Authority]  shall  cause  to  be  maitained  such  proper  books  of
account and other books in relation to its accounts and prepare the balance
sheet in such form and manner as the regulations may require.

(3) The accounts of  1[the Authority] shall be audited by such Auditor, in
such manner and at such times, as the State Government may, by general or
special order, direct. The Auditor so appointed shall have such powers of
requiring  the  production  of  documents  and  the  furnishing  of  information
respecting such matter, and shall have such powers in respect of disallowance
and surcharge as may be prescribed.

(4) The  accounts  of  1[the  Authority]  as  certified  by  the  Auditor  together
with  the  audit  report  thereon  shall  be  forwarded  annually  to  the  State
Government,  who  may  issue  such  directions  to  1[the  Authority]  as  it  may
deem fit and 1[the Authority] shall comply with such directions.

(5) The State Government shall cause the accounts of  1[the Authority] to

be published in such manner as it thinks fit.

CHAPTER V.

FEES AND CHARGES.

35.

(1) 1[The Authority] shall, by notification in the Official Gazette, fix
the cost of water to be supplied according to volume, and also the minimum
cost to be charged in respect of each connection.

Cost  of
water.

(2) 1[The Authority] may, in lieu of charging the cost of water according to
volume, accept from any consumer a fixed sum for a specified period on the
basis of expected consumption of water during that period.

36.

(1)   1[The Authority] shall, by notification in the Official Gazette, fix
the  cost of disposal of waste water according to its volume (which may be
such  percentage  of  the  volume  of  total  water  supplied  to  the  consumer  as
may be prescribed), and also the minimum cost to be charged in respect of
such disposal.

Cost  of
disposal  of
waste  water.

(2) 1[The Authority] may, in lieu of charging the cost of disposal of waste
water  according  to  the  basis  stated  in  sub-section  (1),  accept  from  any
consumer a fixed sum for a specified period on the basis of expected disposal of
waste water during that period.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

20

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

Meter  rent
and  fees  for
services.

37.

(1) 1[The  Authority]  may  provide  water  meters  and  charge  such

rent for the meter as may be provided in the bye-laws.

Deposits.

(2) 1[The  Authority]  may  charge  fees  for  connection,  disconnection,
re-connection  of  any  water  supply  or  sewer  or  testing  or  supervision  or  for
any  other  service  rendered  or  work  executed  or  supervised  at  such  rates  as
may be provided by the bye-laws.

38.

1[The Authority] may by bye-laws provide for requiring any consumers
or  class  of  consumers  to  deposit  such  sums  as  may  be  specified  therein  as
sucurity for prompt payment of its dues and due performance of the conditions
It shall be lawful for  1[the
subject to which services are rendered to them.
Authority] to recover its dues from the amount so deposited.

Recovery  of
sums  due  to
1[the
Authority].

39. Any sum due to  1[the Authority] on account of cost of water, cost of
disposal of waste water, meter rent, fees, charges or otherwise under this Act,
shall,  without  prejudice  to  any  other  mode  of  recovery,  be  recoverable  as
arrears of land revenue.

CHAPTER VI.

WATER SUPPLY.

Definition
of  supply  of
water  for
domestic
purposes.

40. The  supply  of  water  for  domestic  purposes  under  this  Act  means

supply for any purpose, except the following, namely :—
(a) for any trade, manufacture or business;
(b) for gardens or for purposes of irrigation;
(c) for building purposes, including construction of streets;
(d) for  fountains,  swimming  baths,  public  baths  or  tanks  or  for  any

ornamental or mechanical purpose;

(e) for  animals,  where  they  are  kept  for  sale  or  hire  or  for  the  sale  of

their produces;

Water supply
for  domestic
purposes not
to  be  used for
non-domestic
purposes.

Licensed
plumbers.

(f) for the consumption and use at a restaurant or by inmates of a hotel,

boarding house or residential club;

(g) for  the  consumption  and  use  by  persons  resorting  to  theatres  and

cinemas;

(h) for  watering  streets;  or
(i) for washing vehicles where they are kept for sale or hire.

41. No  person  shall,  except  in  such  circumstances  or  subject  to  such
conditions as may be provided by the bye-laws, use or allow to be used water
supplied by 1[the Authority] for domestic purposes for any other purpose.

42.

(1) No person, other than a plumber licensed by 1[the Authority] shall
execute any work in respect of a water connection not being work of a trivial
nature and no person shall permit any such work to be executed by a person
other than a licenced plumber.

(2) When  anywork  is  executed  in  contravention  of  the  provisions  of
sub-section (1), such work shall be liable to be dismantled at the discretion of
1[the  Authority].

1 These  words  were  substituted  for  the  word  “the  Board”  by  Mah.  25  of  1997,  s.  5.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

21

43.

(1) No owner or occupier of any premises to which water is supplied
by  1[the Authority] shall cause or suffer any water to be wasted, or cause or
suffer the service pipe or any tap or other fitting or work connected therewith
to remain out of repair so as to cause wastage of water.

Prohibition
of  wastge  of
water.

Power  to  cut
off  water
supply.

(2) Whenever 1[the Authority] has reason to believe that as a result of defect
in a service pipe or tap or other fitting or work connected therewith water is
being wasted, 1[the Authority] may by written notice require the consumer to
repair and make good the defect within such time as may be specified.

(3) If such repair is not carried out within the time specified, 1[the Authority]
may without prejudice to any action against the consumer under any other
provision of this Act, cause such repair to be made. The cost of such repairs
shall be realised from the consumer.

44.

(1) 1[The Authority] may cut off the water supply from any premises—

(a) if any fee, rental,cost of water or any charge or other sum due under
this Act, is not paid within a period of fifteen days after service of a bill for
the same; or

(b) if after the receipts of a written notice from 1[the Authority] requiring
him to refrain from so doing, the consumer continues to use the water or to
permit the same to be used in contravention of the provisions of this Act, or
any rules or regulations or bye-laws; or

(c) if the consumer damages or causes to be damaged the water meter or

any connection pipe or ferrule; or

(d) if  the  consumer  rufuses  to  admit  any  officer  or  servant  of  1[the
Authority] duly authorised in this behalf into the premises which he proposes
to enter for the purposes of executing any work or placing or removing any
apparatus or of making any examination or inquiry in connection with the
water  supply  or  prevents  any  such  officer  or  servant  from  executing  any
work or placing or removing any apparatus or making such examination
or enquiry; or

(e) if the service or any tap or other fitting or work connected therewith
is found on examination by an officer or servant of  1[the Authority] duly
authorised in this behalf to be out of repair to such an extent as to cause
wastage or contamination  of water and immediate prevention thereof is
necessary;  or

(f) if the consumer causes or allows to be caused the service pipe or any
tap  or  other  fitting  or  work  connected  therewith  to  be  placed,  removed,
repaired or otherwise interfered with, in contravention of the provisions of
this Act or of the rules or regulations or bye-laws; or

(g) if by reasons of leakage in the service pipe or any tap or other fitting
or work damage is caused to a public street and immediate prevention thereof
is  necessary.

(2) No  action  taken  under  or  in  pursuance  of  this  section  shall  relive  a
person from any penalty or liability which he may otherwise have incurred.

(3) 1[The Authority] may reconnect the supply of water disconnected under
sub-section (1) on payment of such charges and on such terms and conditions
as may be provided by bye-laws.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

J-1069—4

Prohibition
of  certain
other  acts.

22

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

45.

(1) No person shall—

(a) wilfully  obstruct  any  person  acting  under  the  authority  of  1[the
Authority] in setting out the lines of any work or pull up or remove any
pillar, post or stay fixed in the ground for the purposes of setting out the
lines  of  such  works,  or  deface  or  destroy  any  works  made  for  the  said
purpose; or

(b) wilfully or negligently break, injure, turn on, open, close, shut off or
otherwise interfere with any lock, cock, valve, pipe, meter or other work or
apparatus belonging to 1[the Authority]; or

(c) unlawfully obstruct the flow of or flush, draw off, or divert, or take
water  from  any  water  works  belonging  to  1[the  Authority]  or  any  water
course by which any such water is supplied; or

(d) obstruct any officer or servant of 1[the Authority] in the performance
and discharge of his duties and functions under this Chapter or refuse or
wilfully neglect to furnish him with means necessary for the making of any
entry,  inspection,  examination  or  inquiry  thereunder  in  relation  to  any
water works; or

(e) bathe in, at or upon any water works, or wash or throw or cause to
enter therein any animal or throw any rubbish, dirt or filth into any water
works, or wash or clean therein any cloth, wool or leather or the skin of
any animal, or cause water of any sink or drain or any steam engine or
boiler  or  any  other  polluted  water  to  turn  or  be  brought  into  any  water
works, or do any other act whereby the water in any water works belonging
to 1[the Authority] is fouled or likely to be fouled.

(2) Nothing  in  clause  (b)  of  sub-section  (1)  shall  apply  to  a  consumer
closing the stop-cock fixed on the service pipe supplying water to his premises
so long as he has obtained the consent of any other consumer whose supply be
affected thereby.

CHAPTER VII.

SEWERAGE.

Right  of
owner  or
occupier  to
obtain  sewer
connection.

46. The  owner  or  occupier  of  any  premises  shall  be  entitled  to  empty
seweage of the premises into a sewer of 1[the Authority], provided that, before
doing so, he,—

(a) obtains written permission of  1[the Authority] and pays connection

fee and other charges in accordance with the bye-laws; and

(b) complies such other conditions as may be provided by the bye-laws.

Power  to
require
owner  to
have  sewer
connection.

47. Where  any  premises  are  in  the  opinion  of  1[the  Authority],  without
sufficient means of effectual disposal of sewage and sewer of 1[the Authority]
is  situated  at  a  distance  of  fifty  metres  from  any  part  of  the  pemises,  1[the
Authority] may, by written notice, require the owner of the said premises to
have sewer connection as provided by bye-laws.

48. No person shall, without the permission of 1[the Authority], make or
cause to be made any connection or communication with any sewer of  1[the
Authority].

Prohibition
of  connec-
tion  with
sewer
without
permission.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

Prohibition
of  construc-
tion  of
private
street  or
building
over  sewer
without
permission.

Power  to
affix  shaft,
etc.  for
ventilation
of  sewer  or
cess  pool.

Power  to
examine
and  test
sewer,  etc.
believed  to
be  defective.

Prohibition
of  certain
other  acts.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

23

49. No person shall, without the permission of 1[the Authority], construct
any private street, building or other structure on any sewer of 1[the Authority].

50.

1[The  Authority]  may,  for  the  purpose  of  ventilating  any  sewer  or
cess-pool, whether vested in 1[the Authority] or not, erect upon any premises
or affix to the outside of any building, or to any tree, any shaft or pipes as may
appear to it to be necessary.

51.

(1) Where  it  appears  to  1[the  Authority]  that  there  are  reasonable
grounds for believing that private sewer or cess-pool is in such condition as to
be  prejudicial  to  public  health  or  to  be  a  nuisance  or  that  a  private  sewer
communicating  directly  or  indirectly  with  a  sewer  of  1[the  Authority]  is  so
defective as to admit sub-soil water or grit or other materials 1[the Authority]
may examine its condition and for that purpose may apply any test, not being
a test by water under pressure, and if it deems it necessary, open the ground.

(2) If  on  examination  the  sewer  or  cess-pool  is  found  to  be  in  proper
condition  1[the  Authority]  shall,  as  soon  as  possible,  reinstate  any  ground
which  has  been  opened  by  it  and  determine  and  pay  compensation  for  the
damage caused by it.

52. No person shall—

(a) wilfully  obstruct  any  person  acting  under  the  authority  of  1[the
Authority] under this Chapter in setting out the lines of any works or pull
up or remove any pillar, post or stay fixed in the ground for the purposes of
setting out lines of such work or deface or destroy any works made for the
said purposes; or

(b) wilfully or negligently break, injure, turn on, open, close, shut off or
otherwise interfere with any lock, valve, pipe or other works or apparatus
belonging  to  1[the  Authority]  and  pertaining  to  its  duties  and  functions
under this Chapter; or

(c) unlawfully obstruct the flow of, or flush, draw off or divert or take

sewage from any works belonging to 1[the Authority]; or

(d) obstruct  any  officer  or  servant  of,  1[the  Authority]  in  discharge
of  his  duties  under  this  Chapter  or  refuse  or  wilfully  neglect  to  furnish
him  with  the  means  necessary  for  the  making  of  any  entry,  inspection,
examination or inquiry thereunder in relation to any sewage works.

53.

(1) Any officer or servant of 1[the Authority] authorised by it in that
behalf,  may,  or  without  assistants  or  workmen,  enter  into  or  upon  any
premises in order—

Power  of
entry,
survey,  etc.

(a) to make any inspection, survey, measurement, valuation or inquiry;

(b) to  take  levels;

(c) to dig or bore into the sub-soil;

(d) to set out the boundaries and the intended lines of work;

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

24

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

(e) to  mark  such  levels,  boundaries  and  lines  by  placing  marks  and

cutting  trenches;

(f) to do any other thing necessary for the purposes of this Act or any

rules or regulations or bye-laws :

Provided that, in exercising the powers under this sub-section due regard
shall  be  paid  by  the  officer  or  servant  of  1[the  Authority]  concerned  to  the
social and religious customs of the occupants of the premises.

(2) When  any  person  is  entitled  to  enter  into  or  upon  any  premises  in
exercise  of  the  powers  under  sub-section  (1),  he  may  also  enter  in  similar
manner into or upon any adjoining premises for any work authorised by or
under this Act or for the purpose of depositing therein, any soil, grind stone or
other  materials  or  for  obtaining  access  to  such  work  or  for  any  other
purpose connected with the execution of the same.

(3) It  shall  be  lawful  for  any  authorised  officer  or  servant  to  make  any
entry  into  any  place  to  open  or  cause  to  be  opened  any  door,  gate  or  other
barrier—

(a) if he considers the opening thereof necessary for the purpose of such

entry; and

(b) if  the  owner  or  occupier  is  absent  or  being  present  refuses  to  open

such door, gate or barrier.

Power  to
disinfect
tanks,  pools
and  wells.

54. Any  officer  or  servant  authorised  by  1[the  Authority]  in  that  behalf
may  have  any  tank,  pool  or  well,  cleaned  or  disinfected  after  notice  to  the
owner or occupier, if any, when it appears that such cleaning or disinfection
will prevent or check the spread of any dangerous disease. The cost of cleaning
or  disinfection  shall  be  recoverable  by  1[the  Authority]  from  the  owner  or
occupier of such tank, pool or well.

CHAPTER VIII.

PENALTIES AND PROCEDURE.

General
penalty.

55. Whoever  contravenes  the  provisions  of  this  Act  or  of  any  rule  or
bye-law or fails to comply with any notice, order or requisition issued under
this Act or any rule or bye-law, shall, on conviction, be punished with fine
which may extend to one thousand rupees, and with further fine which may
extend  to  fifty  rupees  for  every  day  on  which  such  contravention  or  failure
continues after the first conviction.

Cognizance
of  offence.

56. No Court shall take cognizance of any offence under this Act, except
on the complaint of  1[the Authority] made within six months next after the
commission of the offence.

Offences  by
companies.

57.

(1) Where an offence under this Act has been committed by a company,
every person who at the time the offence was committed was responsible to the
company  for  the  conduct  of  its  business  as  well  as  the  company,  shall  be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly :

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

25

Provided that, nothing contained in this sub-section shall render any such
person liable to any punishment, if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.

(2) Notwithstanding  anything  contained  in  sub-section  (1),  where  any
offence  under  this  Act  has  been  committed  by  a  company  and  it  is  proved
that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of any Director, Manager, Secretary or
other  officer  of  the  company,  such  Director,  Manager,  Secretary  or  other
officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) ‘company’ means any body corporate and includes a firm or other

association of individuals, and

(b) ‘Director’, in relation to a firm, means a partner in the firm.

58.

It shall be lawful for any officer of 1[the Authority] authorised by it in
this behalf to arrest and hand over to the officer in charge of the nearest police
station  any  person  who  commits  or  is  suspected  to  have  committed  offence
punishable under section 55 and who on demand refuses to give his true name
and address or where there is reason to believe that the name or address given
by him is not correct. Such police officer shall adopt such legal measures as
may be necessary to cause that person to be taken before a Magistrate with
the least possible delay.

Power  to
arrest
person
committing
an  offence
and
refusing  to
give  name
and address.

59.

(1) The  Member-Secretary  or  any  other  officer  of  1[the  Authority]
authorised by it by general or special order in that behalf may, either before or
after this institution of proceedings for any offence punishable under this Act,
accept from any person charged with such offence by way of composition of
the offence a sum not exceeding two thousand rupees, as he thinks proper.

Compoun-
ding  of
offences.

(2) On payment of such sum, no further proceedings shall be taken against

the said person in respect of the same offence.

CHAPTER IX.

EXTERNAL CONTROL.

60.

(1) In  the  performance  of  its  duties  and  discharge  of  its  functions,
1[the Authority] shall be guided by such directions on questions of policy as
may be given to it, from time to time, by the State Government.

(2) If  any  question  arises  whether  any  matter  is  or  is  not  a  matter  as
respects which the State Government may issue a direction under sub-section
(1), the decision of the State Government shall be final.

1 These  word  were  substituted  for  the  word  “the  Board”  by  Mah.  25  of  1997,  s.  5.

Directions
to  1[the
Authority]
on  ques-
tions  of
policy.

26

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

Annual
report,
statistics,
returns  and
other
information
by  1[the
Authority].

61.

(1) 1[The  Authority]  shall,  as  soon  as  may  be  after  the  end  of  each
financial year, prepare and submit to the State Government before such date
and  in  such  form  as  the  State  Government  may  direct,  a  report  giving  an
account  of  its  activities  during  the  previous  financial  year,  and  the  report
shall also give an account of the activities, if any, which are likely to be under-
taken by  1[the Authority] in the next financial year. The State Govenment
shall  cause  every  such  report  to  be  laid  before  each  House  of  the  State
Legislature as soon as may be after it is received by the State Government.

(2) 1[The  Authority]  shall  also  furnish  to  the  State  Government  at  such
times and in such form and manner as the State Government may direct such
statistics  and  returns  and  such  particulars  in  regard  to  any  proposed  or
existing activities of 1[the Authority] or any other matter under the control of
1[the Authority] as the State Government may, from time to time, require.

CHAPTER X.

MISCELLANEOUS.

Duty  of
local bodies
to  assist.

62.

(1) All local bodies shall render such help and assistance and furnish
such information to 1[the Authority] and shall make available for the inspection
and examination of (and if necessary, preparation of copies from) such records,
maps, plans and other documents as 1[the Authority] may require to perform
and discharge its duties and functions under this Act.

(2) Without prejudice to the provisions of sub-section (1), every local body
shall on demand make available to 1[the Authority] on payment of reasonable
fees  certified  copies  or  extracts  from  assessment  lists  and  other  relevant
documents in connection with assessment of annual value of premises and
levy of taxes, fees and charges.

(3) Without prejudice to other provisions of this Act and notwithstanding
anything contained in any other law for the time being in force under which
any  local  body  is  constituted,  the  State  Government  may  give  to  any  local
body  such  directions  as  in  its  opinion  may  be  necessary  or  expedient  for
enabling  1[the  Authority]  to  perform  its  duties  and  discharge  its  functions
under this Act, and thereupon it shall be the duty of the local body to comply
with such directions.

General
plower  to
pay
compensa-
tion.

63.

In  any  case  not  otherwise  expressly  provided  for  in  this  Act,  1[the
Authority] may pay reasonable amount as compensation to any person who
sustains damage by reason of the exercise of any power vested by or under this
Act in  1[the Authority].

Protection
for  acts
done  in
good  faith.

64. No suit, prosecution or other legal proceedings shall lie against the
State Government, 1[the Authority] or the Members or any officer or servant
of the State Government or of 1[the Authority] for anything which is in good
faith done or purported or intended to be done in pursuance of this Act or any
rules, regulations or bye-laws.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

1976 : Mah. XLVIII]

Maharashtra Jeevan Authority Act, 1976

27

CHAPTER XI.

RULES, REGULATIONS AND BYE-LAWS.

65.

(1) The power to make rules under this Act shall be exercisable by the

Rules.

State Government by notification in the Official Gazette.

(2) Without prejudice to any power to make rules contained elsewhere in
this  Act,  the  State  Government  may  make  rules  consistent  with  this  Act  to
carry out the purposes of this Act.

(3) All  rules  made  under  this  Act  shall  be  subject  to  the  condition  of

previous publication.

(4) Every rule made under this Act shall be laid, as soon as may be after it
is made before each House of the State Legislature, while it is in session for a
total period of thirty days, which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, and notify such decision in the Official Gazette, the rule
shall, from the date of publication of such notification, have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such
modification  or  annulment  shall  be  without  prejudice  to  the  validity  of
anything previously done or omitted to be done under that rule.

66.

(1) 1[The  Authority]  may,  with  the  previous  approval  of  the
Government, making regulations, consistent with this Act and the rules, for
the administration of its affairs.

Regula-
tions.

(2) Without  prejudice  to  the  generality  of  the  foregoing  power,  such

regulations may provide for all or any of the following matters, namely :—

(a) the summoning and holding of meetings of 1[the Authority] and of
the committees appointed by it, the time and place where such meetings are
to  be  held,  the  conduct  of  business  at  such  meetings  and  the  number  of
persons necessary to form a quorum thereat;

(b) the recruitment and the salaries and allowances and other conditions

of service of employees of  1[the Authority];

(c) the powers and duties of the employees of 1[the Authority];

(d) the management of the property of  1[the Authority];

(e) the  execution  of  contracts  and  assurances  of  property  on  behalf
of  1[the  Authority]  and  authentication  of  orders  and  instruments  of
1[the  Authority];

(f) the  limits  upto  which  the  Member-Secretary  shall  be  competent  to

incur recurring or non-recurring expenditure in any financial year;

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

28

Maharashtra Jeevan Authority Act, 1976

[1976 : Mah. XLVIII

Bye-laws.

(g) the maintenance of accounts and the preparation of balance sheet by

1[the  Authority];

(h) the  procedure  for  carrying  out  the  duties  and  functions  of  1[the

Authority] under this act;

(i) any  other  matter  for  which  provision  is  to  be  or  may  be  made  by

regulations.

(3) Until any regulations are made by  1[the Authority] under sub-section
(1)  any  regulations  which  may  be  made  by  it  may  be  made  by  the  State
Government,  and  any  regulations  so  made  may  be  altered  or  rescinded  by
1[the Authority] in exercise of its power under sub-section (1).

67.

(1) 1[The  Authority]  may,  with  the  previous  approval  of  the  State
Government,  make  bye-laws  consistent  with  this  Act  and  the  rules  for
carrying  out  the  purposes  of  this  Act  in  respect  of  any  matter  affecting  the
general public.

(2) Without  prejudice  to  the  generality  of  the  foregoing  power,  such

bye-laws may provide for all or any of the following matters, namely :—

(a) the terms and conditions for supply of water for domestic or other

purposes;

(b) the  installation  of  meters  or  the  transfer  of  their  connection,  and
their use, maintenance, testing, disconnection and reconnection, the fees,
rent  and  other  charges  in  respect  thereof,  including  the  furnishing  of
security by the consumer and matters connected therewith;

(c) the  fees,  rent  and  other  charges  to  be  paid  for  connection  with
a  sewer  of    1[the  Authority]  and  other  terms  and  conditions  for  such
connection;

(d) any other fees and charges to be paid to 1[the Authority] for services to

the  consumers;

(e) any  other  matter  for  which  provision  is  to  be  or  may  be  made  by

bye-laws.

1 These  words  were  substituted  for  the  words  “the  Board”  by  Mah.  25  of  1997,  s.  5.

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